DSIG

If you can get SC'ed for sleep apnea that could get you 50%.  I had 70% and got another 60% and that did not get me to 100%.  I actually had 70%,60%, 20% and four 10% ratings.  That got me to 90%. I got another 40%, 30% and five 20% ratings and that finally got me to 100%. I had TDIU and I was not trying for 100%.  It was an accident. I wanted to keep track of my DMII and I believed it was getting worse, so I filed for an increase.  Unless I can get more money I am not filing any more claims.  IMO there is no point unless they is more money at the end of the trail.  If you are in a protected work environment you could file for TDIU and still work.  It could get tricky if VA disputes your protected work environment.  VA thinks every vet is trying to put one over on them.  They would spend a million bucks to see you don't get an extra $500 a month.

Make sure he uses the correct revision of the dbq form and he completes it. Pay attn. to the part where he sees you in person and is your treating physician .Strong professional opinion is the trick. If denied, you check the curdential yours vs. the VA's doc and you can issue a challenge. I would suggest you prepare the claim assuming you will be going to the BVA.

I have had good luck with the LHI exams.  I think I just got lucky because of a fairly incompetent exam doctor.  The incompetence fell on my side this time.  I had horrendous results from VA C&P doctors in the past.  Most were idiots or VA chose to use the opinions of the most unqualified doctors over the most qualified doctors.  I had VA overrule a VA neurologist on behalf of a primary care doctor regarding nerve damage I have from PN.  Now I hit the jackpot with recent C&P LHI exam.  You spends your money and you takes your chances with these clowns.

DSIG
 
                    Are you working at present.  It is hard to get 100% for PTSD or any mental health issue if you are working 40 hours a week.  Part of the evaluation for PTSD is your ability to work.  Since you have 70% now you could probably get TDIU if you are not working which pays at the 100% rate.  I had TDIU for almost 20 years before I got lucky and got 100%.  It is no big deal since it pays the same.  You can get "S" with TDIU as well.  If you read requirements for 100% for PTSD I wonder how anyone gets it.  I know those who get 100% for a mental condition richly deserve it.  I got 70% for mental health issue.  I should have gotten 100% schedular.    If you are not working TDIU is the easiest way to get 100% money.  TDIU does restrict you from every working again, but if you can't work then you probably want SSD anyway.  You combine SSD and TDIU/100% and you probably have enough to live on without eating cat food.  I was working for the feds and I got their version of a disability pension plus SSD and TDIU.  This does pay my bills which is fortunate considering millions work like dogs and can't even put a roof over their heads.  I did work like a dog but now every dog has his day.

Correct, John, but this poster alleges a "protected work enviornment" because VA has some special rules for those permitting tdiu while working.  
If you watched "Duck Dynasty", that is an example.  "Sy" works for the family..designing duck calls.  
No one in their right mind would hire that old PTSD Vet, but "his family" protects him and gives him a salary.  He is as crazy as a looney bird, if you watched that show.  
Its actually a good thing, because few people in the world have the skills Sy has as far as duck calls go.  If I wanted to go duck hunting, and had a chance to bring him along, I would increase my chances of bagging ducks by 100 x.  

Hang in there..........
The BVA is a better judge of evidence.
They really encompass the CALUZA standard.
Make sure you have in-service incident, current diagnosis, and a nexus/continuous treatment notes.
 
🤠..............
NEVER GIVE UP

Thanks, this veteran does not use a computer.
I called the Patient Advocate and he gave me the Community Care # at Bath VA.
All I need is his last 4 of his SSA # and will get that today-
or his friend who lives with him, maybe she should call the number I got...and
he said there should be no problem with this.

It should state what evidence /medical evidence they used to make the decision, if some of the evidence you submitted was not used  in their decision and it was  denied this is CUE. 
But they should let you know what evidence they used for the decision. either way with a denial or approval.  on the reason and bases of our decision  or ''what we decided''

😬My bad, sis. No offense.

@DSIG I had a setting wrong in your profile. you should be able to upload documents now. 

DSIG In sports, you may have heard the phrase "Sometimes the best trade you make is the one you don't make." I think it might apply to the BVA also. If, after weighing the evidence, you realize it's not the right move to go for an increase or, to appeal, it can be the best move to do (or not do.) 100% rating is very difficult per the MH rating formula. For PTSD, as is the case for going for any increase, you must know what symptoms are required to get to the next level of rating for that disability, and you must be realistic about how you really stack up to that higher requirement. I also have a great deal of respect for Alex's opinion. If you have 9 years at your current rating, next year, 10 years, is the next hurtle. Take the time to develop secondary claims and make sure you have it right before you proceed. Best of luck going forward brother.
  

Thanks Shrek, Berta and GBArmy....
I don't have the ability to attach documents to my posts so I cannot enclose the decision letter. I had this ability for two previous posts where I attached documents but this option is not available to me and I also reviewed the YouTube tutorial which confirmed that the option isn't available to me.   
That having been said, I do not intend to appeal this decision based on feedback I received in another forum and from Alex Graham about meeting the criteria for a PTSD increase to 100%.  I understand now that it is a very high bar to clear and I don't meet the requirements.  I thought that the evidence that my doctor provided of my telework arrangement would demonstrate work impairment and this is one of the reasons I filed for an increase, but I realize now that the better approach would've been to submit a TDIU.  
The only good thing that came of this claim submission, even though the C&P exam was emotionally draining,  is that my rating of 9 year did not change so I don't have to be concerned about the VA requesting an Administrative evaluation anytime soon to see if my condition improved.  This will help me as I prepare to file some secondary claims to PTSD.
Even though I will not appeal the decision I find it problematic that the VA did not consider the evidence from my treating physician of 11 years (since it was not listed in the decision) and went with a DBQ from an examiner who saw me less than 40 minutes.  This is indicative of how they actually decide claims denying a veteran due process.

Years ago the VA said I had 53 issues with them. I dont think I had that many. But in testimony I gave to the H VAC Shreddergate committee I included copies of 53 green and white tracking slips from USPS to tthe Buffalo RO, of Probative evidence I had sent to them , which they had never considered ( until I raised hell) -maybe this is where they got the 53 issue idea.
All of that was definitely probative evidence and the 53 USPS slips included 12 copies of my dead husband's autopsy. They also refused to even consider my costly IMOs.
But the VA granted all of my issues- at this point- because I had learned to fight back.
I think more than ever VA is just skimming through our claims and evidence and might not consider it until we file a Supplemental claim and have to send the evidence again.
 
 
 
 

I agree with Shrek; if they didn't list it, they probably didn't consider the evidence. I'm no CUE expert like Berta or Broncovet, but I believe it is a CUE if you submit evidence as the basis of your claim and that deny but do not address your critical evidence listed, it can be a basis for CUE. But, as Shrek advises, keep on appealing.

If the VA ignores probative evidence, and does not list it as Evidence, they have committd a CUE.
Even if the VA does list it but never refers to it at all, that too is a basis for a CUE.
They have violated 38 CFR.4.6, which is basic VA case law:
§ 4.6 Evaluation of evidence.
The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.
https://www.law.cornell.edu/cfr/text/38/4.6
Probative evidence :
"Probative facts establish the existence of other facts. They are matters of evidence that make the existence of something more probable or less probable than it would be without them. They are admissible as evidence and aid the court in the final resolution of a disputed issue."
https://law.jrank.org/pages/9454/Probative.html
The VGL puts it this way:
"Probative Evidence
Evidence that has a tendency to prove or actually prove an alleged entitlement."
https://www.veteranslaw.com/glossary-of-terms/probative-evidence/
Can you scan and attach the decision hereH
Cover the C file, name, address etc, prior to scanning it.
Some evidence is not probative at all, but independent medical opinions certainly are, if they are done correctly.

The VA will accept whatever is sent to them, but if they look at it and it changes their opinion is something totally different.  
The VA gets caught up here when you appeal up as they will start to look at all the evidence and not just a few things they think are relevant.  I have seen where one opinion will out do 2-3 others as it was what it was originally based upon.  
Keep appealing and keep fighting.   If it does not show it here then it probably did not get used to make the decision.  

New Meat, Boots and VA SC Claims. There is no such thing as a "Stupid Question" post. If your not sure, ask the question, another Vet will point you in the right direction.

Hadit is a Vet helping other Vets site. New members not making the mistakes Senior members made, is what it's all about.

Semper Fi

Gastone

While I understand your anxiety and frustration of checking ebenefits, having been there, done that, it is more productive to watch paint dry, or grass grow.    Or, you an buy a lottery ticket as you have about the same chances of ebenefits being correct and up to date as you do winning the lottery.  
Ebenefits is notoriously unreliable.  VA.gov is no better.  I suggest getting a fishing pole, going fishing, playing chess, improve your relationship with spouse or family, get a new hobby, or go to church instead.  A watched pot never boils.  

Just my opinion
A TDIU P&T can work  rather or not its for a mental  health SERVICE CONNECTED  (PTSD/'DEPRESSION disorder  or a Body Injury from military  service.
But ONLY UNDER SPECIAL CIRCUMSTANCES    (family business ,self employed /or family Farm, Veteran can keep the business as long as he has someone else to run the business  and he will over see the Business.  but VA has to give to ok...
other wise if your TDIU P&T  and you could no longer do your job you were train to do  and your disability keeps you from working  then your not suppose to work and will need to send in the 21 4140 employment questioner every year  usually the VETERANS ANNVERSERARY DATE OF HIS /HER AWARD.

Im not a decision maker, so my opinion on that and $10 bucks should get you a cup of coffee in most places in town.  Or, $5 without my opinion.  
However, it seems to me the "protected work environment?" mostly applies to tdiu, as follows: I have highlighted the "protected work environment clause".    To my knowledge, this applies only to TDIU, and no such clause exists for 100 percent for mental health disorders.  
Getting 100 percent and being still able to work is possible, but does not happen often.  Tammy Duckworth is an example of a 100 percent Vet who works.  She did work for VA.  I think she had both her legs blown off.  
Its more difficult with "mental health" patients.  (getting 100 percent and still working).  You got your work cut out for you..It may be easier to get to 100 percent if you have other injuries that may be SC, knees, or something else.  

I agree with the above.  THINK:  "Sy Robertson". (Duck Dynasty).  That guy is certified crazy.  But, his family keeps him on, to help him out.  "Protected work environment".  If you have seen that show much, you would know what I mean.  
If you read the criteria for mental health disorders, it says, (100 percent) Total occupational and social impairment.
It does not say "occupational OR social impairment" it says both.  Source: https://www.law.cornell.edu/cfr/text/38/4.130

from what I understand of PTSD to get 100% you would be unable to maintain a full time job.  Now I could be wrong, but the way it is written it sure sound like you need to be unable to keep employment.  

Pretty sure it would have to be sheltered employment to maintain a job.  That's my situation.  No way I could hold a job without sheltered employment.  For me, I work in a family business and have 100% PTSD/TBI.

Ebenefits is in the middle of actively moving to va.gov. I wouldn’t trust much of what it shows at this point.

As before you will have to wait for the envelope..dont count on ebenefits.  Your effective date, if awarded, is the later of the "date of claim" or facts found.  In the case of an increase, there is a special exception oft overlooked by VA:
 
Source: https://www.law.cornell.edu/uscode/text/38/5110